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Government Contracts
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July 24, 2024
Aerospace Co. Says Engine Buybacks Aren't Anticompetitive
RTX Corp.'s subsidiary Pratt & Whitney urged a Pennsylvania federal court to toss a $450 million antitrust lawsuit from a "middleman" for used aircraft engine parts, arguing that Pratt & Whitney's decision to deal directly with numerous shops that break down old engines did not harm consumers or freeze the plaintiff out of the market.
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July 24, 2024
Ex-Atlanta Official Asks 11th Circ. To Toss Bribery Conviction
A former Atlanta city commissioner sentenced to 4½ years in prison for taking bribes from a local contractor in exchange for steering millions of dollars to the contractor's company told the Eleventh Circuit Wednesday that her conviction must be reversed given the U.S. Supreme Court's recent holding in Snyder v. U.S.
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July 24, 2024
Newman Facing 2nd Suspension For 'Continuing Misconduct'
A panel of Federal Circuit judges on Wednesday recommended U.S. Circuit Judge Pauline Newman remain suspended for another year based on her ongoing refusal to cooperate with an investigation into her health, or even acknowledge the court's concerns.
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July 24, 2024
ICE Contractor Hit With Class Action Over Family Separations
A father and son who were separated for six years under the Trump administration's policy of "zero tolerance" for unlawful border crossings have brought a proposed class action against the private contractor responsible for transporting children, seeking to make it pay for the emotional trauma families have endured.
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July 24, 2024
Ex-Pharma Exec Gets Jail For Insider Trading On Kodak Loan
A Manhattan federal judge sentenced a former pharmaceutical executive from South Carolina to three months in prison Wednesday for taking over $500,000 of illegal trading profit based on his advance knowledge that Kodak would get a massive pandemic-era government loan.
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July 23, 2024
Hogan Lovells Wants Afghanistan Atty Fee Award Enforced
Hogan Lovells US LLP has asked a New York federal court to enforce a more than $1.2 million award it secured against Afghanistan in arbitration over fees it says it's owed for the firm's work representing the country in various legal matters, including litigation over the 9/11 terrorist attacks.
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July 23, 2024
Construction Co. Protests Union Clause In Army Corps Deal
Hensel Phelps Construction Co. has protested over terms of an Army Corps of Engineers construction contract requiring bidders to enter into a project labor agreement, mandated by regulation, saying the PLA requirement violates a competitive contracting law.
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July 23, 2024
Ex-Raytheon Worker Asks High Court To Take Up Firing Suit
A former employee of defense contractor Raytheon asked the U.S. Supreme Court to reverse his ouster from the company, arguing that the Fifth Circuit's finding that he shouldn't be reinstated set up a circuit split.
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July 23, 2024
Colo. Judges Want Clarity On When Moot Cases Need Rulings
Colorado appellate judges on Tuesday pushed a popular ski town to define what makes a case of "great public importance," as a major resort company argued its land fight with the town is weighty enough that the judges should rule even if the actual dispute is now moot.
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July 23, 2024
$680M Allergan FCA Suit Tossed After High Court Revival
A Maryland federal judge on Tuesday again tossed a False Claims Act suit accusing an Allergan unit of overcharging Medicaid, previously revived by the U.S. Supreme Court, saying a whistleblower still hadn't shown any deliberate wrongdoing by the company.
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July 23, 2024
Oshkosh Says USPS Followed NEPA With New Vehicle Plan
Oshkosh Defense joined the U.S. Postal Service in firing back at environmentalists and a coalition of 17 states' attempt to secure judgment in litigation protesting the agency's decision to replace its aging delivery fleet with only 62% electric vehicles, saying the group's challenge threatens to undermine such a significant transformation.
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July 23, 2024
Senate Dems Roll Out Bill To Codify Chevron Deference
Sen. Elizabeth Warren, D-Mass., led a group of Democratic senators Tuesday in introducing a bill to codify the now-defunct doctrine of Chevron deference after it was struck down by the U.S. Supreme Court last month.
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July 22, 2024
No Injunction For Co.'s DQ From Habitat Restoration Deal
A U.S. Court of Federal Claims judge denied an Illinois-based construction company's emergency bid to halt the U.S. Army's procurement for a habitat restoration deal it was disqualified from, saying the protester failed to show it would be irreparably harmed.
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July 22, 2024
EPA Awards $4.3B In Grants For Climate Change Projects
The U.S. Environmental Protection Agency said it's steering $4.3 billion in grant funding to 25 projects that promise to help curb greenhouse gas pollution, advance environmental justice and transition the country to clean power.
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July 22, 2024
State Street Sets Aside $4.2M To Address Wage Discrimination
Federal financial services provider State Street agreed to set aside $4.2 million to make wage adjustments in the future as part of a settlement to resolve allegations that it discriminated against some women managing directors with its base pay and bonuses, the U.S. Department of Labor announced Monday.
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July 22, 2024
Gov't Wants Protest Over $186M In DOD Fuel Deals Thrown Out
The Defense Logistics Agency has urged the Court of Federal Claims to dismiss a protest alleging it wrongly ignored misconduct by companies awarded $186 million in fuel delivery deals, saying it adequately investigated the claims and found nothing untoward.
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July 22, 2024
Claims Court Upholds JV's $15M Boiler Plant Contract
A Court of Federal Claims judge rejected a construction company's protest over a $14.7 million U.S. Department of Veterans Affairs contract for renovating a boiler plant at a VA medical center in Pennsylvania, saying the agency reasonably awarded the contract to a mentor-protégé joint venture based on "best value trade-off."
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July 22, 2024
Ex-Lobbyist Asks To Be Severed From Madigan RICO Case
The former Commonwealth Edison lobbyist on track to face a jury alongside former Illinois House Speaker Michael Madigan this fall asked a federal judge Friday to sever his corruption case from Madigan's, saying a joint trial would be unfair because Madigan's lawyers intend to act as "second prosecutors" against him.
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July 22, 2024
NY Judge Declares Migrant Challenge To Housing Policy Moot
A New York federal court swept aside asylum-seekers' challenge to county-level housing restrictions that they say were designed to bar them, agreeing with local officials that the case was moot after they issued new policies.
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July 22, 2024
CEOs Want To Separate Bribery Trial From Navy Admiral's
A pair of CEOs charged with bribing a retired four-star Navy admiral to potentially secure lucrative government contracts have asked a D.C. federal judge to sever their cases from the retired admiral's bribery trial, arguing that there's a "serious risk" they would be unfairly prejudiced by holding a joint trial.
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July 22, 2024
1st Circ. Hints At Higher Bar For Feds In Anti-Kickback Cases
The First Circuit on Monday questioned the government's assertion that Congress intended to broaden the standard for liability in False Claims Act kickback cases when it passed a key amendment in 2010.
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July 22, 2024
Sullivan, Freshfields Steer $905M Goodyear Off-Road Biz Sale
Sullivan & Cromwell LLP and Freshfields Bruckhaus Deringer guided the $905 million sale of Goodyear Tire & Rubber Co.'s off-the-road tire business to Yokohama Rubber Co. Ltd. except for the part of that business providing off-road tires to the U.S. military and other defense entities, the companies announced Monday.
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July 22, 2024
Boston Fund Can't Duck SEC's Unregistered Dealer Case
A Massachusetts federal judge on Monday kept alive U.S. Securities and Exchange Commission allegations that Boston investment firm Auctus Fund violated securities laws by failing to register as a broker-dealer when harvesting deeply discounted shares of cash-strapped public companies through debt agreements.
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July 22, 2024
Ga. Dems Challenge 'Cronyism' Behind Fundraising Law
A special campaign finance committee created by Georgia Republicans three years ago to sidestep limits on political fundraising is in the crosshairs of a recent lawsuit filed by the state's Democratic Party, which alleges the law creates an "asymmetrical campaign contribution scheme" designed to protect incumbents.
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July 22, 2024
Bus Parts Co. To Pay Up To $4M To End Criminal Fraud Probe
French bus parts supplier CBM will pay up to about $4 million and enter into a non-prosecution agreement with the U.S. government to end an investigation into an alleged scheme to pass off generic parts to U.S. transit authorities as brand-name parts, Manhattan federal prosecutors said Monday.
Expert Analysis
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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The 5 Most Important Bid Protest Decisions Of 2023
Attorneys at Bradley Arant discuss noteworthy 2023 bid protest decisions from the U.S. Court of Federal Claims and U.S. Government Accountability Office, offering perspectives on standing, document production, agency deference, System for Award Management registration requirements and mentor-protégé joint venture proposal evaluations.
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4 Questions On Groundbreaking New Foreign Bribery Law
The recently enacted Foreign Extortion Prevention Act will significantly alter the anti-corruption landscape under U.S. law by allowing prosecutors to pursue foreign officials for soliciting or accepting bribes, but it’s not yet clear how the statute will be used and by whom, say attorneys at K&L Gates.
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OIG Report Has Clues For 2024 Healthcare Fraud Enforcement
A recent report from the Health Department's Office of the Inspector General reveals healthcare fraud and abuse enforcement trends that will continue in 2024, from increased telehealth oversight to enhanced policing of managed care, say attorneys at Sheppard Mullin.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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DOD's Proposed Cyber Rule: What Contractors Must Know
A review of the U.S. Department of Defense's recently published Cybersecurity Maturity Model Certification proposed rule, requiring independent third-party cybersecurity assessments for many defense contractors, suggests that there will be a competitive advantage to prompt demonstration of full compliance with the rule, says Robert Metzger at Rogers Joseph.
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Tips For Contractors Preparing For Potential Gov't Shutdown
With elements of the Congress’ latest continuing resolution expiring on Jan. 19, companies that may be fatigued by preparing for potential shutdown after potential shutdown should consider the current political climate and take specific steps now, say attorneys at Miller & Chevalier.
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2 FCPA Settlements Illuminate Self-Disclosure, Disgorgement
Two of last year’s Foreign Corrupt Practices Act settlements — with biomedical company Lifecore and mining company Corsa Coal — suggest that the government will be much more flexible in negotiating disgorgement amounts if an entity voluntarily self-discloses misconduct, say Michael Gilbert and Lucas Amodio at Sheppard Mullin.
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Opinion
Anti-Kickback Statute Does Not Require But-For Causation
A proper interpretation of the Anti-Kickback Statute clearly indicates that but-for causation is not required for False Claims Act Liability, and courts that hold otherwise will make it significantly easier for fraudsters to avoid accountability, says Kenneth Capesius at Baron & Budd.
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5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
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Lessons From DOJ's Handling Of Rare Medicare Fraud Case
The U.S. Department of Justice's recent indictment against HealthSun sheds light on the relatively rare circumstances in which the agency may pursue criminal charges for fraud involving Medicare Advantage, but its subsequent decision not to prosecute shows that compliance efforts can mitigate penalties, say attorneys at WilmerHale.
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Growing Green Tech Demand Spells Trouble For Groundwater
Increasing demand for green technology is depleting the groundwater reserves used to extract and process the necessary minerals, making a fundamental shift toward more sustainable water use practices necessary at both the state and federal levels, says Sarah Mangelsdorf at Goldberg Segalla.
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What To Know About FCA Cybersecurity Enforcement
Now is a good time for practitioners, government contractors and potential relators to review recent developments in cybersecurity-related False Claims Act enforcement, and consider best practices for navigating this space in the new year, say Ellen London at London & Stout, and Li Yu and Molly Knobler at DiCello Levitt.
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4 Legal Ethics Considerations For The New Year
As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.
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What May Define Contract Disputes Act Jurisdiction In 2024
Now is a good time to reflect on how several recent decisions may have limited the government's ability to weaponize jurisdictional prerequisites under the Contract Disputes Act, and how this new direction may affect government contractors and practitioners filing CDA appeals in 2024, say attorneys at Seyfarth.